DePuy Orthopaedics, Inc. v. Waxman

The trial court was correct in determining that appellant, assignee of the non-compete agreements, could not enforce the covenants against its predecessor’s employees, the appellees. The majority’s holding that the non-compete provision was enforceable by an assignee without language expressly authorizing such enforcement ignores the unambiguous language in section 542.335(l)(f), Florida Statutes. I, therefore, dissent.

The employment contracts at issue were entered into after July 1, 1996. They all contain non-compete provisions. Nowhere within the non-compete provisions is there any…